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although the incident happened before work in our work area,

Customer Question

I am being single out...

although the incident happened before work in our work area, I am being single out as the aggressor. I was talking on the phone to a family member, I recieved a message on my phone I spoke out loud saying the words they need to grow-up. A co-worker of my took it out of context and assumed I was speaking to her. She left to the bathroom came back pounding on the door, I ran to the door to let her in for I was still on the phone, she walked in yelling let me tell you about growing up, I looked at her and repeated this is not about you, Jess what are you talking about, she was yelling I couldnt understand everything she was saying, when her friend-co-worker ran over from eight-feet away told Jess to walk away started yelling who in the f---- do you think you are? pushing on my body,calling me a f-----Bi----I told my co-worker to stop and to get off of me, she kept pushing on me screaming in my face. I then moved her off of me and she started coming after me when Jess step in the middle, my co-worker ran out of the vault and I called human resources.Both of us were suspended, but my co-worker recieved 3 days and I am recieving 10 with counseling. I have a police report and a detective spoke to all of us at which time he stated to me that I should be at work and he finds this not to a work place violence. I have been there 6 years I am a good employee, nothing in my file I have been and mediator for the employee's chosen by human resources, I am also a chief union steward, I believe this is retaliation because I had brought events up about human resources and what they were doing wrong to the employee's in the past. Mind you us co-workers we did get along, and went out to lunch, exercise together at work.

Experience: I am a practicing attorney with more than 3 decades of experience in the legal field.

Verified

Good morning,

I'm sorry to hear of your dilemma.

Based on all the facts as you have stated them, there is no legal redress for the actions taken by your employer. While you may not have started the incident, your employer was lawfully entitled to deal with you in the manner in which they did.

You have not been unlawfully discriminated against, and under the law, you have not been the victim of a Hostile Environment either.

Many people are under the mistaken impression that if they are not treated well at work, or if they are gossiped about or berated by fellow employees or their boss, that as a consequence they are being subjected to a Hostile Work Environment and have a viable legal claim as a result. Actually, that is not the case.

The US Supreme Court has held that harassment and hostile environment laws were not meant to create a code of civility within the workplace. The phrase “Hostile work environment" is legal terminology, and relates to discrimination which is federally prohibited—race, color, national origin, religion, sex, age or disability. Absent proof that the hostility you complain of relates to one of the prohibited acts of discrimination, then I’m afraid that you have little solid ground to stand on with regard to legal redress.

As regards your allegation that your excessive punishment may be the result of criticism of HR---while that may be entirely correct, that sort of retaliation is not prohibited under the law.

I'm sorry, but I see no legal course of action for you at the present time based on the situation you have described.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

I wish you the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely appreciate your abiding by the honor system as regards Accepting answers.Iwish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).